IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
VIJAYKUMAR A.PATIL
Jinnappa Bhimappa Babannavar Since Deceased by his LRs. – Appellant
Versus
Mahadev S/o Laxman Turai – Respondent
| Table of Content |
|---|
| 1. writ petition filed for police protection. (Para 1 , 2) |
| 2. parties supported their arguments regarding possession. (Para 3 , 4) |
| 3. trial court's previous findings on possession discussed. (Para 5 , 6) |
| 4. guidelines for granting police protection established. (Para 7) |
| 5. court ordered police protection and set aside trial court's order. (Para 8) |
ORDER :
1. This petition is filed seeking following reliefs:
a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order dated 11-08-2022 on ia passed by the additional civil judge, raibag in o.s.no.314/19 produced at annexure-g, in the interest of justice and equity.
b) Grant such other relief as deemed fit in the circumstances of the case and in the interest of justice and equity.
2. Sri P.P.Hegde, learned senior counsel appearing for the petitioners submits that the petitioners are the children of original plaintiff who filed a suit for permanent injunction against the defendants. In the said suit, the application filed by the petitioners for temporary injunction was considered after hearing the defendants and temporary injunction was granted on 05.01.2021. It is further subm
Temporary injunctions with finality necessitate police protection to prevent unlawful dispossession, emphasizing the trial court's inherent powers to ensure justice.
A court can provide police protection to enforce a temporary injunction in cases of documented violations, emphasizing the judicial duty to uphold such orders.
Police aid in civil matters requires substantial evidence of threat or violation, not mere claims. Courts exercise this power with caution and discretion, emphasizing the need for a high standard of ....
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